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EPA immediately sued over plans to repeal climate rules for power plants

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Why This Matters

A coalition of health and environmental groups is suing the EPA immediately after it finalized a repeal of climate rules for power plants, arguing the move violates the Clean Air Act and threatens public health. The lawsuit underscores a broader battle over the EPA's regulatory authority and its core mission to protect human health and the environment, with implications for climate policy, industry compliance, and public health outcomes nationwide.

Key Takeaways

Days after finalizing a rule that would eliminate climate rules for power plants, the Environmental Protection Agency (EPA) was sued by groups who say the EPA’s repeal was shockingly short-sighted and risked leaving the country’s single largest source of industrial climate pollution unchecked.

On Thursday, the American Lung Association, the American Public Health Association (APHA), the Clean Air Council, Clean Wisconsin, the Environmental Defense Fund, and the Natural Resources Defense Council (NRDC) filed a petition requesting that the US Court of Appeals for the DC Circuit review if the EPA’s action conflicts with the Clean Air Act.

“Clean air is a basic human right,” APHA CEO Georges C. Benjamin said.

A physician and long-time public health policy leader, Benjamin warned that the EPA was “weakening” “life-saving standards” and stripping away “vital protections for all, and especially for children, pregnant people and communities already overburdened by pollution.” The petition alleges that the rule change could cause thousands of premature deaths.

In the EPA’s announcement of the proposed repeal, the agency claimed that its action was based on “the best reading of the Clean Air Act.” Benjamin disagrees.

“Power plant pollution threatens the health of millions of Americans and fuels climate change, worsening extreme heat, poor air quality, and other serious health risks,” Benjamin said. He urged the court to recognize that the “EPA must maintain strong clean air and climate standards so every community can live a healthy life.”

The EPA may struggle to defend the rule given that its core mission is “to protect human health and the environment.” Meredith Hankins, NRDC’s federal climate legal director, accused the EPA of abdicating its legal responsibilities. She appeared confident that the EPA repeal will not survive court scrutiny.